Resources

Canada Work-Sharing Program and Temporary Layoffs under the BC Employment Standards Act

Canadian businesses subject to the recent U.S. tariffs are facing significant turmoil including potential loss of business and a corresponding reduction in their workforce.

In response to the tariffs, the Canadian federal government has introduced a Special Measures Work-Sharing Program to help prevent employee layoffs or dismissals.

The Work-Sharing Program provides income support to employees suffering from reduced hours of work due to economic conditions caused by tariffs.

However, BC employers considering the Work-Sharing Program must also consider the temporary layoff provisions under the British Columbia Employment Standards Act (the “BC ESA”), and constructive dismissal risks.

In this article, we briefly outline the Work-Sharing Program, the BC ESA temporary layoff provisions, and constructive dismissal issues, and provide practical examples of how BC employers can navigate each.

Read More +

Employers Beware: B.C. Court Awards Former Employee $25,000 in Punitive Damages for Conduct in Severance Negotiations

The recent decision of the B.C. Supreme Court in Thompson v. Revolution Resource Recovery Inc., 2025 BCSC 8 is notable with respect to three issues: (i) the impact of age on reasonable notice determinations; (ii) the assessment of mitigation in the absence of evidence that new employment could be found if reasonable efforts to mitigate had been made; and (iii) awards of punitive damages when an employer fails to comply with minimum employment standards requirements.

Read More +

Employee Discharged for Lying to His Doctor and Employer

In Brewers Distributors Ltd v. Brewery, Winery and Distillery Workers, Service Employees International Union, Local 2, Branch Local 300 (Banwait Grievance), [2024] B.C.C.A.A.A. No. 115 (Sullivan), Arbitrator Christopher Sullivan agreed that the employer had just and reasonable cause to discharge the grievor from employment after he was untruthful about his medical restrictions.

Read More +

Employer Obligations on Election Day

A federal general election will be held on Monday, April 28, 2025.

As a service to our clients, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

Read More +

Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”

On March 6, 2025, the BC Supreme Court released an important and lengthy decision regarding workplace psychological claims. This trial decision addresses the second part of James Pickering’s action for benefits under the Workers Compensation Act, R.S.B.C. 2019, c. 1 [WCA].  The first part of this proceeding, indexed as Pickering v. School District No. 38 (Richmond), 2021 BCSC 1497, was a judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”).

At trial, Mr. Pickering argued that two provisions of the WCA infringe his rights under s. 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 [Charter]. He said that those provisions, in combination, led to the denial of his mental disorder claim for workers’ compensation. In short, he argued that his claim was denied for reasons that are discriminatory.

Read More +

Employee Barred from Construction Site Deemed Constructively Dismissed

A complicated issue arises in employment law when an employer provides services to a customer and one of the employer’s employees is prohibited from working due to the customer’s requirements.

The recent decision of Kurik v. CAS Ventures Ltd., 2024 BCSC 1862 reviews this issue and provides some insight for employers.

Read More +

“Move” with Caution – A Reminder to Local Elected Councils and Boards of the Complexities of Censure and Sanction Motions

The decision of the BC Supreme Court in Paull v. Quesnel (City), 2025 BCSC 347 adds to the growing line of cases regarding censure and sanction of local government councils and boards. It provides a cautionary reminder to elected council and board members of the complexities of a motion of censure and the process to be followed. It also highlights the importance of giving respondents due process and the required procedural fairness.

Read More +

Privacy Versus Public Interest: Anonymity at the B.C. Human Rights Tribunal

In the case of Ng v. City of Vancouver (No. 2), 2024 BCHRT 228, Giana Ng filed a complaint with the Tribunal and alleged discrimination on the basis of mental disability in the course of her employment.

She applied under Rule 5 of the Tribunal’s Rules of Practice and Procedure to limit the publication of her personal identifying information in any written Tribunal decision and also to redact her personal information from any part of her file that could be made available to the public.

The City of Vancouver (the “City”) opposed the application.  It argued that Ng’s privacy interests did not outweigh the public interest in the Tribunal’s proceedings.

Read More +

Can Employers Eliminate Employee Hours Indefinitely Due to Business Demands? B.C. Supreme Court Says “No”

The B.C. Supreme Court recently released a decision in a class proceeding involving past employees of a major hotel operated by Ocean Pacific Hotels Ltd. (“Ocean Pacific”).

The common issues in this proceeding were certified by Justice Matthews in Escobar v. Ocean Pacific Ltd., 2024 BCSC 1575.

This article examines only the central common issue before the Court – whether Ocean Pacific constructively dismissed the class members by eliminating their hours indefinitely in the face of the COVID-19 pandemic.

Read More +

Watching Out For Privacy: Limitations on Employer Video Surveillance

In Rehn Enterprises Ltd. v. United Steelworkers, Local 1-1937, 2024 CanLII 72130 (de Aguayo), Arbitrator Jacquie de Aguayo found numerous privacy and procedural breaches related to the installation of video surveillance in work vehicles.

Read More +